UN human rights system

Question 1

The Commission on Human Rights (1946-2006)

Answer 1

Created by the UN ECOSOC. 53 representatives of UN member States. 1/3 is elected by ECOSOC every year. Africa 15, Asia 12, LA&C 11, EE 5, WE& Other 10. 3-year term; can be re-elected. Annual meeting (not a standing body).

Question 2

Functions of The Commission on Human Rights (1946-2006)

Answer 2

Standard-setting (exclusive function 1946-1966): We have to allow states to voluntarily undertake those standards - sovereignty.
Human rights compliance reports (1970s & 1980s).
Advisory functions (1990s & 2000s): Helping states improve their human rights practices whenever they sought that advice.
International forum on human rights: Both theoretical and practical issues.

Question 3

Working mechanisms of The Commission on Human Rights

Answer 3

Special procedures system. - expert investigations: Sending investigatory missions to countries when it was perceived that a human rights crisis was going on. Individuals’ reports were accepted but kept confidential.

Question 4

The Commission on Human rights: Non-binding recommendations

Answer 4

Whatever decision they made were non-binding. They were only recommendations.

Question 5

The Human Rights Council (2006-present)

Answer 5

Original body was replaced by a different body. Created by the UNGA. 47 representatives of UN member states. 1/3 elected every year by UNGA. 3-year term; only one consecutive re-election. 3 regular sessions per year + special sessions.

Question 6

Functions of the Human Rights Council

Answer 6

Same as the Commission, with an emphasis on monitoring human rights compliance.

Question 7

Working mechanisms of the Human Rights Council

Answer 7

Universal periodic review (every 4.5 years). Urgent situations & special procedures. Complaint procedure (patterns of gross violations rather than individual cases - state committing systematic racial discrimination.
Advisory committee (experts’ advice upon request by the HRC). Non-binding recommendations. Important to remember that this is nothing like a court or tribunal - the members are representatives of States.

Question 8

Debate surrounding the Human Rights Council

Answer 8

Still has a tendency to be biased and turn a blind eye on other states. Debate on if it makes sense for the human rights council to have no human rights record requirements.

Question 9

UN Human rights treaties

Answer 9

Role of each is interpreting the treaty and monitoring compliance. Each has its own committee, and take the name of the treaty itself (exception is the ICCPR, name is simply Human Rights Committee). Only state that has not ratified the CRC (child rights) is the US.

Question 10

Evolution of ICCPR membership

Answer 10

Rise in membership can be explained by the collapse of the USSR, as well as a rise in states who were colonized becoming decolonized and becoming sovereign states wanting to ratify.

Question 11

Major ICCPR non-ratifiers

Answer 11

USA, Cuba, Myanmar, Malaysia, Saudi Arabia, South Sudan

Question 12

Human rights compliance mechanisms: State self-reporting

Answer 12

Ever 2-5 years. Every time a state becomes a party they have an obligation to report to the committee on their human rights practices which are relevant to that treaty. If the State has received negative views in the past, and the State was expected to make changes, that is expected to appear in the subsequent report.

Question 13

Human rights compliance mechanisms: General comments on treaty obligations

Answer 13

Typically supposed to be about specific cases, but the practice has changed to general comments that are a general interpretation of the treaty in question. States can then adjust their behaviours if they are falling short of the expectations.

Question 14

Human rights compliance mechanisms: Inquiries on alleged grave or systematic violations

Answer 14

Similar to what happens with the HR council at the UN level. When they see that there is a HR crisis in a particular state they can start an investigation. This investigation could result in a report of changes that need to be made. Typically optional.

Question 15

Human rights compliance mechanisms: Complaints procedures (inter-state and individual)

Answer 15

Have never had an inter-state complaint. We do have several individual complaints raised against their own government.

Question 16

Individual Complaints Procedures

Answer 16

1. Complaint is received, processed by Secretariat, and forwarded to relevant Committee.
   –> There may be interim measures (or provisional measures for protection purposes) award if requested. Legally binding.
2. Communication forwarded to State for comments
   –> The State that is being complained about will receive a list of complaints and the Committee expects some commentary.
3. State provides comments on 2 aspects of case: admissibility and merits / author responds to State’s comments
   –> must have exhausted all domestic remedies first before applying. Can’t hav been longer than 6 months since the last domestic exhaustion. Issue at hand must be related to the Treaty.
4. Committee decides if complaint is admissible.
5. If admissible, committee decides on merits of complaint and issues “views”.
   –> The views will determine whether they find that the State in question violates the Treaty or not.
6. If violations are found, views are transmitted to State and complainant.
   –> State asked to provide information on its follow-up to the decision.
7. Views and report of follow-up action transmitted to the UNGA.
   –> Made public. Recommendations are not legally binding. Points is to put pressure on the government.